The Police (Amendment) (No. 2) Regulations 2016

Amendments to the Police Regulations 2003

2.  The Police Regulations 2003(1) are amended as follows.

(1) In regulation 11—

(a) for paragraph (1), substitute—

“(1) Subject to sections 38 and 42 of the 2011 Act and regulations 9A and 10—

(a) the Secretary of State may determine—

(i) the rank that must be held, or have been held; and

(ii) the period for which such rank must be held or have been held,

for the purposes of appointment to the rank of chief constable, Commissioner of Police for the City of London or Commissioner of Police of the Metropolis (“chief constable or commissioner rank”); and

(b) where the Secretary of State makes a determination under paragraph (a), a person may not be appointed to chief constable or commissioner rank unless they hold or have held such rank and for such period as determined by the Secretary of State.”;

(b) for paragraph (1A)(2), substitute—

“(1A) Subject to any enactment governing an appointment to a rank higher than that of Chief Superintendent, and to regulations 9A and 10—

(a) the Secretary of State may determine courses or assessment centres that candidates must have completed to be eligible for appointment to such a rank; and

(b) where the Secretary of State makes a determination under paragraph (a), a person may not be appointed to such a rank unless that person has satisfactorily completed such courses or assessments centres as determined by the Secretary of State.”.

(2) In regulation 19A(3)—

(a) for paragraph (2), substitute—

“(2) The chief officer of a police force may require a member of the force who—

(a) gives the chief officer reasonable cause to suspect that the member is under the influence of alcohol while on duty; or

(b) is selected in accordance with a regime of routine random testing,

to give a sample of breath to be tested for evidence of alcohol in accordance with procedures determined by the Secretary of State.”;

(b) in paragraph (3)(b), omit “falls within paragraph (1)(d) and who,”.

(3) In regulation 31, after paragraph (1)(b) insert—

“(c) any employment and support allowance to which the member is entitled under sections 1(2)(a) or 1B of the Welfare Reform Act 2007(4),”.

(1)

S.I. 2003/527.

(2)

Regulation 11(1A) was inserted by S.I. 2011/3026.

(3)

Regulation 19A was inserted by S.I. 2005/2834 and amended by S.I. 2012/680.

(4)

2007 c. 5; section 1(2)(a) was amended by section 147 of, and Part 1 of Schedule 14 to, the Welfare Reform Act 2012 (c. 5). Section 1B was amended by sections 33(3) and 147 of, and paragraphs 22 and 26(b) of Schedule 3 and Part 1 of Schedule 14 to, the Welfare Reform Act 2012.